NAC 644.010Definitions. (NRS 644.110)As used
in this chapter, unless the context otherwise requires, the words and terms
defined in NAC 644.012 to 644.032,
inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Bd. of Cosmetology by R112-01, 12-17-2001,
eff. 1-1-2002)

NAC 644.017“Executive Director” defined. (NRS 644.110)“Executive
Director” means the Executive Director of the Board, as designated by the
Board.

(Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98;
A by R092-06, 9-18-2006)

NAC 644.018“Final time record” defined. (NRS 644.110)“Final
time record” means a statement of the number of hours of training completed by
a student enrolled in a course of training at a school of cosmetology.

(Added to NAC by Bd. of Cosmetology by R030-08, eff. 9-18-2008)

NAC 644.019“Infection control” defined. (NRS 644.110)“Infection
control” means a practice, procedure or technique that is used to resist or
prevent the spread of an infectious disease. The term includes, without
limitation, antisepsis, sterilization and sanitation.

(Added to NAC by Bd. of Cosmetology by R030-08, eff. 9-18-2008)

NAC 644.021“Make-up” defined. (NRS 644.110)“Make-up”
means any pigment product which is used to cover, camouflage or decorate facial
skin.

(Added to NAC by Bd. of Cosmetology, eff. 5-14-92; A by
R099-97, 2-25-98)

NAC 644.032“Time record” defined. (NRS 644.110)“Time
record” includes a time card, computerized printout or any other record of the
times of the day that a student is in attendance in a school of cosmetology or
electrology, that is generated by a time clock, computer, computer program or
any other device approved by the Board.

(Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98)

NAC 644.035Construction of chapter. (NRS 644.110)The
Board will construe the provisions of this chapter liberally to secure a just,
speedy and economical determination of all issues presented to it.

1. More than one branch of cosmetology is
practiced, the establishment must at all times be under the immediate
supervision of a licensed cosmetologist or a person licensed in each branch of
cosmetology practiced in the establishment at the time of service.

2. Only nail technology is practiced, the
establishment must be under the immediate supervision of a licensed
cosmetologist or licensed nail technologist.

3. Only electrology is practiced, the
establishment must be under the immediate supervision of a licensed
electrologist.

4. Only aestheticians practice, the
establishment must be under the immediate supervision of a licensed
cosmetologist or licensed aesthetician.

5. Only hair designing is practiced, the
establishment must be under the immediate supervision of a licensed cosmetologist
or licensed hair designer.

(Added to NAC by Bd. of Cosmetology, eff. 10-16-87; A
by R099-97, 2-25-98; R092-06, 9-18-2006)

NAC 644.038“Cosmetological establishment” construed. (NRS 644.110)The
Board does not construe “cosmetological establishment” to include a television
or motion picture set or any other related area as determined by the Board,
unless cosmetology is practiced on the premises after the production is
completed.

(Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

NAC 644.040Deviation from regulations. (NRS 644.110)In
special cases, upon application, the Board will permit deviation from the provisions
of this chapter if it finds that there is good cause for the deviation and the
ends of justice so require.

[Bd. of Cosmetology, No. 1.3, eff. 12-3-80]

NAC 644.042Communications to Board. (NRS 644.110)Every
written communication to the Board must contain the name and address of the
sender.

NAC 644.045Severability. (NRS 644.110)If any
provision of this chapter or any application thereof to any person, thing or
circumstance is held invalid, the Board intends that such invalidity not affect
the remaining provisions, or their application, that can be given effect
without the invalid provision or application.

[Bd. of Cosmetology, No. 1.4, eff. 12-3-80]

LICENSING AND EXAMINATION

General Provisions

NAC 644.046Use of license. (NRS 644.110)The
license of any person who is licensed pursuant to chapter 644 of NRS may be used only by
the person to whom the license has been issued.

1. A request for a certification of
licensure in this State must be made in writing on a form provided by the
Board. Upon the receipt of a completed request for a certification of
licensure, the Board will immediately forward the certification of licensure to
the requesting jurisdiction.

2. The Board will accept a certification of
licensure from another jurisdiction only if the Board receives the
certification directly from the agency in the other jurisdiction authorized to
provide such certifications. A certification of licensure from another
jurisdiction is valid for 6 months after the date on which the Board receives
the certification. The Board will not accept altered forms of a certification
of licensure.

(Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98)

NAC 644.0464Limited licensure of person licensed in another state or
territory or District of Columbia. (NRS 644.110, 644.315)In
addition to the requirements set forth in NRS 644.315, a person applying for
a limited license under that section must present, in person, to the Board:

1. A valid license to practice cosmetology
from another state or territory of the United States or the District of
Columbia;

2. The name and address under which the
license was issued;

3. Valid identification, including, without
limitation, a driver’s license, passport or identification card issued by
another state or territory of the United States or the District of Columbia;
and

4. Proof of temporary hire by a resort
hotel. The proof must consist of a letter or other documentation from the
resort hotel stating that the person applying for the limited license has been
hired or has contracted to work as a cosmetologist in the hotel for a
designated period.

(Added to NAC by Bd. of Cosmetology by R092-06, eff. 9-18-2006)

NAC 644.0466Proof of name change. (NRS 644.110)An
applicant who has a name which is different than that which appears on any form
or other documentation submitted to the Board with his application must provide
to the Board proof of a name change, including:

1. A copy of a marriage license, showing
both last names;

2. A copy of divorce papers, showing that a
last name has been restored;

3. A copy of citizenship papers, including
the front and back of those papers;

4. An original computerized printout from
the Department of Motor Vehicles, or a similar agency from another state,
listing all of the names, including aliases, of the applicant; or

5. A signed court order showing a name
change.

(Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98)

NAC 644.0469Translation of documents written in language other than English. (NRS 644.110)

1. All documents submitted to the Board that
are written in a language other than English must be translated by:

(a) A district court in this State;

(b) The Language Connection;

(c) Nevada Hispanic Services;

(d) A language bank of the University of Nevada; or

(e) Any other translator approved by the Board.

2. The Board will not accept any documents
written in a language other than English that have been translated by the
applicant or by a friend or a member of the family of the applicant.

(Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98;
A by R029-02, 7-19-2002)

NAC 644.0473Credit for incomplete hours in courses. (NRS 644.110)A person
applying for licensure pursuant to this chapter and chapter 644 of NRS will not receive
credit for incomplete hours in courses that were taken 4 years or more before
the person enrolled in a school of cosmetology.

1. An instructor may receive credit for the
30 hours of advanced training required pursuant to NRS 644.195, 644.1955 or 644.197 if:

(a) The instructor has received 15 hours of
instruction from professional classes or seminars, or both, on hair, skin and
nail care, sponsored by a professionally recognized company or natural person
approved by the Board, or has received 30 hours of continuing education in any
of the following areas:

(1) Biology;

(2) Business Administration;

(3) Chemistry;

(4) Communication studies;

(5) Computers;

(6) Cardiopulmonary resuscitation or first-aid
training;

(7) Educational administration;

(8) Emergency medical services;

(9) English;

(10) Foreign languages;

(11) General education, with an emphasis on
teaching methods;

(12) Human services, including counseling;

(13) Management;

(14) Psychology;

(15) Sign language;

(16) Sociology;

(17) Special education; or

(18) Teaching methods;

(b) The instructor has received two credits or 30
hours of instruction from courses offered at a university or community college
in the areas specified in paragraph (a);

(c) The instructor has received 30 hours of
instruction from classes on business, professional or management skills that
are sponsored by an organization or natural person that has been approved by
the Board; or

(d) The instructor has received 30 hours of
instruction in in-service classes.

2. A school of cosmetology may conduct
in-service classes for the purposes of this section. The classes must be
conducted by a person who holds a current teaching license from the
Superintendent of Public Instruction and is authorized to teach in the school
district in which the in-service class is being conducted.

3. All hours for credits for continuing
education must be properly documented in written format, including, but not
limited to, report cards, certificates of completion or letters which verify
that the licensee attended the class and the number of hours earned. If the
information documenting the hours taken is not clearly indicated on the
documents provided to the Board, the documents will not be accepted. All
documents submitted as evidence that the licensee has met the requirements for
continuing education must be submitted during the period provided by the Board
for the renewal of the license, together with the renewal slip and the required
pictures and fees. The falsification of any such documents, or any information
contained therein, is a ground for disciplinary action against the licensee.

(Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98;
A by R092-06, 9-18-2006; R030-08, 9-18-2008)

1. The written verification of the completion
of education required by paragraph (a) of subsection 1 of NRS 644.193 must be a copy of the
applicant’s:

(a) High school diploma;

(b) Transcript of high school grades showing successful
completion of the 12th grade;

(c) Nevada High School Equivalency Certificate; or

(d) General educational development certificate.

2. The written verification of prior
experience required by paragraph (b) of subsection 1 of NRS 644.193 must be in the form of:

(a) An approved affidavit or statement properly
drafted, signed and notarized by the employer or employers for whom the
applicant was working at the time the experience was gained; or

(b) Federal tax returns of the applicant, including
all applicable forms and schedules,

Ê which clearly
show that the applicant has practiced as a full-time licensed cosmetologist,
hair designer, aesthetician or nail technologist for not less than 1 year.

3. The photographs required to be submitted
pursuant to paragraph (e) of subsection 1 of NRS 644.193 must:

(a) Be identical;

(b) Have been taken not more than 90 days before the
date of the submission of the application;

(c) Be 1 1/2 by 1 1/2 inches in size;

(d) Show the front view of the full face of the
applicant in color against a plain white or off-white background and be
otherwise substantially equivalent to a photograph suitable for use in a
passport issued by the United States Government; and

(e) Have the name and address of the applicant
written on the back.

4. An applicant for a provisional license as
an instructor shall provide the Board with proof that he is enrolled in a
licensed school of cosmetology and his enrollment form must be submitted to the
Board.

(Added to NAC by Bd. of Cosmetology, eff. 5-14-92; A by
R099-97, 2-25-98; R030-08, 9-18-2008)—(Substituted in revision for NAC
644.0535)

1. The written verification of the
completion of education required by paragraph (a) of subsection 1 of NRS 644.199 must be a copy of the
applicant’s:

(a) High school diploma;

(b) Transcript of high school grades showing
successful completion of the 12th grade;

(c) Nevada High School Equivalency Certificate; or

(d) General educational development certificate.

2. The photographs required to be submitted
pursuant to paragraph (e) of subsection 1 of NRS 644.199 must:

(a) Be identical;

(b) Have been taken not more than 90 days before
the date of the submission of the application;

(c) Be 1 1/2 by 1 1/2 inches in size;

(d) Show the front view of the full face of the
applicant in color against a plain white or off-white background and be
otherwise substantially equivalent to a photograph suitable for use in a
passport issued by the United States Government; and

(e) Have the name and address of the applicant
written on the back.

3. An applicant for a license as a student
instructor must hold a license to practice each branch of cosmetology for which
he is seeking licensure as a student instructor.

1. A notarized affidavit from the applicant
establishing the successful completion by the applicant of the 10th grade in
school or its equivalent.

2. Two photographs of the applicant. The
photographs must:

(a) Be identical;

(b) Have been taken not more than 90 days before
the date of the submission of the application;

(c) Be 1 1/2 by 1 1/2 inches in size;

(d) Show the front view of the full face of the
applicant in color against a plain white or off-white background and be
otherwise substantially equivalent to a photograph suitable for use in a passport
issued by the United States Government; and

(e) Have the name and address of the applicant
written on the back.

3. The applicable fees.

4. One of the following documents as proof
of the age of the applicant:

(a) A photocopy of the birth certificate of the
applicant;

(b) A copy of a current passport issued to the
applicant; or

(c) A copy of a voter registration card issued to
the applicant pursuant to the provisions of NRS 293.517.

NAC 644.0503Application for licensure as demonstrator of cosmetics. (NRS 644.110, 644.210)An
applicant for examination for a license as a demonstrator of cosmetics must
submit to the Board:

1. A completed application on a form
furnished by the Board;

2. The applicable fees;

3. Two photographs of the applicant that:

(a) Are identical;

(b) Have been taken not more than 90 days before
the date of the submission of the application;

(c) Are 1 1/2 by 1 1/2 inches in size;

(d) Show the front view of the full face of the
applicant in color against a plain white or off-white background and are
otherwise substantially equivalent to a photograph suitable for use in a
passport issued by the United States Government; and

(e) Have the name and address of the applicant
written on the back.

(Added to NAC by Bd. of Cosmetology by R029-02, eff. 7-19-2002;
A by R092-06, 9-18-2006; R030-08, 9-18-2008)

NAC 644.0504Examination for licensure as hair designer. (NRS 644.110, 644.244)An
examination for licensure as a hair designer will include, but is not limited
to, a test on:

NAC 644.0515Examination for licensure as cosmetologist: Examination in
English, Spanish or another language. (NRS 644.110, 644.235)

1. An applicant for examination shall
indicate, on the face of his application, the language in which the applicant
wishes to have the examination offered.

2. The written and practical portions of the
examination will be offered in English or Spanish without additional expense to
an applicant.

3. An applicant who wishes to take the
examination in a language other than English or Spanish must:

(a) Pay all expenses for taking the examination in
a language other than English or Spanish, including, without limitation, the
costs for the development, preparation, administration, grading and evaluation
of the examination.

(b) Not less than 45 days before the date of the
examination, file a written notice with the Executive Director containing the
name of the interpreter to be used in the examination and the name of the
organization with which the interpreter is affiliated.

(c) At the time of the examination and at his own
expense, provide an interpreter who meets the qualifications set forth in
subsection 4 to translate the written and practical portions of the
examination. The Executive Director may allow more than one applicant to share
the services of an interpreter to reduce the expenses borne by those
applicants.

4. To translate the written and practical
portions of an examination pursuant to this section, an interpreter must be:

(a) Affiliated with an organization that has been
approved by the Board; and

(b) Personally approved by the Executive Director.

5. The Executive Director shall:

(a) Maintain a list of the organizations that have
been approved by the Board to provide interpreters for the examination; and

(b) Make the list available to applicants.

6. At the time of the examination, an
interpreter shall provide such identification as is necessary to establish his
identity and the identity of the organization with which he is affiliated.

7. For purposes of this section,
“examination” means the examination for licensure as a cosmetologist.

(Added to NAC by Bd. of Cosmetology by R112-01, 12-17-2001,
eff. 1-1-2002; A by R092-06, 9-18-2006)

NAC 644.052Examination for licensure as instructor. (NRS 644.110, 644.260)An
applicant for licensure as an instructor must successfully complete:

1. A nationally recognized written
examination, with a passing score of not less than 75 percent; and

2. A law examination consisting of 50
multiple-choice questions, with a passing score of not less than 75 percent.

(Added to NAC by Bd. of Cosmetology, eff. 4-21-86; A 6-18-91)

NAC 644.053Examinations: General requirements; notice of results of written
examination. (NRS
644.110, 644.210)

1. When an applicant for licensure in any
branch of cosmetology registers for the written examination, he must submit to
the Board:

(a) If the applicant attended a school of
cosmetology that is located in this State, an original record of completion of
the required courses of training and a copy of the final time record for the
courses studied;

(b) If the applicant attended a school of
cosmetology that is located outside of this State, including, without
limitation, a school of cosmetology that is located outside of the United
States, a letter or record from the governmental agency, if any, that regulates
such schools in the appropriate jurisdiction which verifies that the student
completed courses of training and attended a number of hours per subject that
are comparable to the requirements in this State; or

(c) If the applicant received his training pursuant
to NRS 644.217 and 644.2175 and NAC 644.151 to 644.181,
inclusive, as a cosmetologist’s apprentice, a copy of the final report
submitted to the Board, pursuant to NAC 644.167, by
the licensed cosmetologist who supervised and trained the apprentice.

2. Any hours taken at a school of
cosmetology that is located outside of the United States are subject to the
approval of the Board for the purposes of determining whether the training
received is equivalent to the training which the applicant would have received
at a school of cosmetology located in the United States.

3. The Board or its designee will send an
acceptance letter to each applicant for the written examination. On the
designated day and time of the written or practical examination, the applicant
must present the acceptance letter and his picture identification at the
location where the examination is being given for admittance into the
examination. An applicant who fails to bring his acceptance letter and picture
identification:

(a) Will be denied entrance to the examination;

(b) Forfeits any fees paid to take the examination;
and

(c) Must reregister before taking the examination.

4. The Board or its designee will notify the
applicant and, if the applicant attended a school of cosmetology, the school of
the results of his written examination and his percentage score not later than
3 weeks after the date of the written examination or, if the examination is
graded by a testing company, as soon as the results are available from the
testing company, whichever occurs later.

5. Each applicant must be on time to take
the examination. Any applicant who arrives late:

(a) Will be denied entrance to the examination;

(b) Forfeits any fees paid to take the examination;
and

(c) Must reregister before taking the examination.

6. Except as otherwise provided in
subsection 7, each applicant for licensure as a nail technologist,
cosmetologist, hair designer, electrologist or aesthetician must bring to the
examination a model or mannequin and all equipment required for the
examination. The applicant must be able to complete the examination on the
model or mannequin brought for the examination. An applicant who fails to bring
a model or mannequin and all required equipment to the examination:

(a) Will be denied entrance to the examination;

(b) Forfeits any fees paid to take the examination;
and

(c) Must reregister before taking the examination.

7. An applicant may rent a supply kit for
the examination directly from a company that makes such kits. The Board will
not set or accept any fees for renting supply kits.

8. While taking an examination, each
applicant must wear outer garments, including shoes, that are all white. No
applicant will be required to wear a smock during the examination.

NAC 644.0536Dispensation of examination for restoration of license after
retirement. (NRS
644.110, 644.330)The
Board may dispense with the examination of a cosmetologist, nail technologist,
aesthetician, electrologist or instructor pursuant to subsection 3 of NRS 644.330 if the person applying
for restoration of his license provides proof of a current license in another
state and verification that the license is in good standing.

(Added to NAC by Bd. of Cosmetology, eff. 6-18-91; A by
R092-06, 9-18-2006)

NAC 644.0538Maximum number of applicants. (NRS 644.110)If the
Board determines that the facility available as the site for an examination is
inadequate to accommodate all the applicants, it may establish, by resolution,
a maximum number of applicants who can sit for an examination.

(Added to NAC by Bd. of Cosmetology, eff. 6-18-91)—(Substituted
in revision for NAC 644.061)

NAC 644.0539Passing score. (NRS 644.110, 644.260)The
passing score for the examination of a cosmetologist, nail technologist, hair
designer, aesthetician or electrologist is not less than 75 percent on the
national written portion and a “Pass” on the practical examination.

NAC 644.085Minimum requirements for equipment. (NRS 644.110, 644.120, 644.380)Each
school must have the following working equipment:

1. Ten shampoo bowls that are located so
that all 10 bowls may be in use at the same time.

2. Ten hair dryers, each of which must be
equipped with a chair and a device that releases air on the client’s hair. For
the purpose of this subsection, a handheld blow-dryer does not constitute a
hair dryer.

3. Two facial chairs.

4. Ten manicure tables or bars, and stools.

5. Adequate wet and dry disinfectants that
are registered with the Environmental Protection Agency.

6. Hot work equipment consisting of:

(a) Five electric heaters.

(b) Combs, as follows:

(1) Fine-teeth combs;

(2) Coarse-teeth combs;

(3) Five electric pressing combs;

(4) One shampoo comb per student;

(5) Hard rubber combs; and

(6) Styling combs.

(c) Curling irons, as follows:

(1) Twenty marcelling irons with revolving
handles; and

(2) One electric curling iron per student.

(d) Oils and conditioners consisting of:

(1) Pressing oils;

(2) Scalp conditioners;

(3) Hair conditioners for pressed hair made
without a soap base, such as petroleum jelly;

(4) Curling creams made with wax or other
acceptable oils; and

(5) Products for cleaning curling irons.

7. Ten dozen cold-wave rods of assorted
sizes.

8. One covered container for hairpins,
clips, nets and similar items for each student.

9. Five brushes, furnished by the school,
for each student.

10. Closed waste containers of sufficient
size and in sufficient quantity to permit the disposal of all refuse and waste
matter by the school and its students.

11. One block, weft or mannequin on a firm
stand for each beginning student.

12. One time clock which punches the date
and time on time cards, or a computer or any other device approved by the
Board, for use by the students to record their hours of training at the school.

13. Two shampoo capes for each student.

14. One chair for each student, or a
sufficient number of tables and chairs for all of the students, in classes on
theory.

15. Mirrors, worktables and styling chairs
of sufficient number to accommodate the students enrolled.

16. At least one textbook per student and
adequate reference material, charts, teaching aids and other materials to
support the instruction in the school.

NAC 644.090Filing of standard contract, rules and financial forms. (NRS 644.110)With its
initial application for licensure, when any change relating to the information
on its license occurs and upon renewal of its license, a school of cosmetology
must file with the Board:

1. A copy of its standard contract and its
rules.

2. A notice of any changes made during the
previous 12 months with respect to its contracts or rules.

3. A copy of all financial forms utilized by
the school with respect to tuition, grants, scholarships and other methods of
subsidizing tuition.

NAC 644.095Registration of students with Board. (NRS 644.110, 644.400)A school
of cosmetology shall register each student with the Board within 45 days after
the student has enrolled in school. To register a student, the school shall
submit a completed form provided by the Board that includes:

1. The name of the student;

2. The number of credit hours for which the
student is enrolled;

3. If the student has transferred to the
school of cosmetology and is requesting to receive credit for courses taken at
another school of cosmetology, a copy of the letter issued by the Board
verifying the number of hours for which the student has previously earned
credit;

4. The signature of an authorized
representative of the school;

5. Information about the student, including:

(a) A copy of the student’s birth certificate,
passport or voter registration card issued pursuant to the provisions of NRS 293.517;

(b) An affidavit that the student has successfully
completed at least the 10th grade in high school or its equivalent;

(c) If applicable, proof of any name change of the
student; and

(d) If applicable, a copy of the approval of
foreign documentation relating to the training of the student which must be
issued by the Board before the student enrolls in the school; and

NAC 644.100Registrar: Appointment; duties. (NRS 644.110, 644.400)Each
school of cosmetology shall appoint at least one of its employees to serve as
registrar and shall file the name of the registrar with the Board. Each
registrar shall:

1. Keep a daily record showing the attendance
of each student.

2. Keep a record showing the training time
for each student.

3. Ensure that the records are current,
complete and accurate.

4. Forward to the Board the final time
record of a student within 15 days after the student’s withdrawal from or
completion of a course of training. If the student owes money to the school,
the registrar may substitute a letter, in lieu of the final time record, which
states that the final time record is being held for nonpayment of tuition or
any fee owed to the school by the student.

5. Except as otherwise provided in
subsection 4, provide any student who withdraws from the school copies of the
final time record upon his request. These copies must be given to the student
within 3 business days after his withdrawal from the school.

(a) Shall maintain a staff of licensed instructors
who are competent to give instruction in all subjects of its curriculum,
including, without limitation, the subjects required by regulation of the
Board.

(b) Shall not use a licensed student instructor as
a student operator.

2. Each student in cosmetology or hair
designing shall wear a badge with the word “freshman” inscribed on it. This
badge may not be removed, and the student may not work on the public until the
student has completed a preliminary training period of 300 hours.

3. Each student in nail technology shall
wear a badge with the word “freshman” inscribed on it. The badge may not be
removed, and the student may not work on the public until the student has
completed a preliminary training period of 100 hours.

4. Each student in aesthetics shall wear a
badge with the word “freshman” inscribed on it. This badge must not be removed,
and the student may not work on the public until the student has completed a
preliminary training period of 150 hours.

5. Each student in electrology shall wear a
badge with the word “freshman” inscribed on it. This badge must not be removed,
and the student may not work on the public until the student has completed a
preliminary training period of 160 hours.

6. Students shall not practice at home or in
a cosmetological establishment and shall not give demonstrations other than
those required of them by the school of cosmetology.

7. No instructor in a licensed school of
cosmetology may, during the hours in which he is on duty as an instructor,
devote his time to the public or to the private practice of cosmetology for
compensation. Each instructor shall devote his full time during the hours he is
on duty as an instructor to instructing students.

1. Each student shall register the time of
day on a time record at the beginning of each day of training and at the
completion of his training for the day. The student shall also document on a
time record the period of each break that he takes during his day. To record
the period of his breaks, a student may use a time record which is separate
from that which is used to record the beginning and ending of his day.

2. A time record which contains any error
may be changed only by authorization of the registrar and the instructor. The
authorization must be evidenced by the initials of the registrar and instructor
on the time record.

3. Original time records are the property of
the school and must be maintained on school property at all times during the
enrollment of the student to whom the time record pertains. A student, on
request, is entitled to receive a copy of any of his time records from the
school, unless he owes money to the school for tuition or fees for the period
covered by his time records. The school shall provide the requested time
records:

(a) Within 3 business days, if the request is made
in connection with the withdrawal of the student from the school; or

(b) Within 10 business days after the request under
any other circumstances.

4. All time records of a student must be
maintained by the school for validation by the Board upon the completion of or
withdrawal from the training by the student.

(a) Prepare a final time record for each student
not later than 15 days after the student completes or withdraws from a course
of training. The final time record must:

(1) Be compiled from the student’s original
time records;

(2) Show the number of hours that the student
has completed in each subject of training; and

(3) Except as otherwise provided in this
section, be signed by the registrar and the student.

(b) Provide each student an opportunity to review
and sign his final time record. If the student fails to sign his final time
record or refuses to sign his final time record because he believes it to be in
error, the school shall maintain the student’s original time records for not
less than 1 year after the student completes or withdraws from the course of
study.

(c) Maintain each final time record for not less
than 3 years after the student completes or withdraws from the course of study.
The final time record must be readily available for inspection by the Board.

2. For the purposes of this section, a
student shall be deemed to have withdrawn from a course of training if the
school ceases to operate before the student completes the course of training.

(s) Theory, with a minimum of 50 hours mandatory
for students who are barbers and 250 hours mandatory for all other students.

(t) Thermal straightening, curling and marcelling.

(u) Wet hairdressing.

(v) Wigs and hairpieces.

2. A student may, after completing 1,200
hours of training, earn credit for up to 16 hours of training by attending
field trips that are approved by the school. A field trip must be conducted
under the direct supervision of a licensed instructor. The instructor shall
accompany the student and be available to provide assistance or instruction to
the student at all times during the field trip. The student must submit a time
record, authenticated by the instructor, for each field trip.

3. If a barber enrolls in a school of
cosmetology, the school shall administer an examination to determine his areas
of knowledge. The school may, if it deems it appropriate, excuse a barber from
any of the subjects listed in subsection 1.

4. As used in this section:

(a) “Barber” means a licensed barber, as defined in
subsection 6 of NRS 643.010, who
is studying to become a cosmetologist.

(b) “Student” means a person receiving instruction in
a school of cosmetology.

(r) Miscellaneous practical and technical
instruction, including, without limitation, field trips relating to the
practice of a hair designer.

2. A student may, after completing 900 hours
of training, earn credit for up to 16 hours of training by attending field
trips that are approved by the school. A field trip must be conducted under the
direct supervision of a licensed instructor. The instructor shall accompany the
student and be available to provide assistance or instruction to the student at
all times during the field trip. The student must submit to the school a time
record, authenticated by the instructor, for each field trip.

(Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98;
A by R030-08, 9-18-2008)

(m) Miscellaneous practical and technical
instruction, including, without limitation, field trips relating to the
practice of an aesthetician.

(n) Any other practical or technical instruction
which the Board may require.

2. A student may, after completing 450 hours
of training, earn credit for up to 8 hours of training by attending field trips
that are approved by the school. A field trip must be conducted under the
direct supervision of a licensed instructor. The instructor shall accompany the
student and be available to provide assistance or instruction to the student at
all times during the field trip. The student must submit to the school a time
record, authenticated by the instructor, for each field trip.

(g) Miscellaneous practical and technical
instruction, including, without limitation, field trips relating to the
practice of a nail technologist.

(h) Any other practical or technical instruction
which the Board may require.

2. A student may, after completing 375 hours
of training, earn credit for up to 8 hours of training by attending field trips
that are approved by the school. A field trip must be conducted under the
direct supervision of a licensed instructor. The instructor shall accompany the
student and be available to provide assistance or instruction to the student at
all times during the field trip. The student must submit a time record,
authenticated by the instructor, for each field trip.

(a) A provisional instructor to complete at least
350 hours of the 500 hours of training that are required for licensure as an
instructor pursuant to NRS 644.195
in the subject of teaching methods and techniques.

(b) A student instructor to complete at least 700
hours of the 1,000 hours of training that are required for licensure as an
instructor pursuant to NRS 644.195
in the subject of teaching methods and techniques.

(Added to NAC by Bd. of Cosmetology, eff. 6-18-91; A by
R092-06, 9-18-2006; R030-08, 9-18-2008)

1. The number of credit hours that may be
transferred from one course of study of cosmetology to another will be
determined as follows:

(a) A student in cosmetology who transfers to nail
technology will receive credit for the number of actual hours taken in courses
in nail technology, up to a maximum of 150 hours.

(b) A student in cosmetology who transfers to
aesthetics will receive credit for the number of actual hours taken in courses
in aesthetics, up to a maximum of 160 hours.

(c) A student in nail technology who transfers to
cosmetology will receive credit for the actual number of hours taken, up to a
maximum of 150 hours.

(d) A student in aesthetics who transfers to
cosmetology will receive credit for the actual number of hours taken, up to a
maximum of 160 hours.

(e) A student in hair designing who transfers to
cosmetology will receive credit for the actual number of hours taken.

(f) For a student in cosmetology who transfers to
hair designing, the number of hours earned by that student for courses in nail
technology and aesthetics and 20 percent of all hours earned for courses
involving theory only will be deducted from the total number of hours earned by
the student. The student will receive credit for any remaining hours.

2. A student who receives credit for hours
taken upon transferring to a different course of study and who subsequently
returns to his first course of study will receive credit for the original total
number of hours earned in the first course of study.

3. Hours earned by a student while he is
outside of this State, including, without limitation, hours earned by a student
while he is outside of the United States, may be transferred only for credit
for courses in cosmetology, electrology, aesthetics and nail technology. To
receive credit for such hours, the student must provide the Board with complete
current documentation of the enrolled hours per subject. Such hours must be
properly validated by the appropriate regulatory entity for the jurisdiction in
which the hours were earned, if that entity provides such validations.

4. Except as otherwise provided in this
section, hours earned by a student at a school of barbering will be accepted in
their entirety as they apply to a desired field of cosmetology. The Board will
not give credit for courses in shaving or tonic applications.

5. A student receiving credit under
subsection 4 will not receive credit for more than 20 percent of the credits
earned in theory classes.

6. To receive credit under subsection 4, a
student must have training in permanent waving and wet hair sculpting.

7. To receive credit for hours under
subsection 4, a student must provide the Board with complete current
documentation of the enrolled hours per subject. Such hours must be properly
validated by the appropriate regulatory entity for the jurisdiction in which
the hours were earned, if that entity provides such validations.

(Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98;
A by R029-02, 7-19-2002; R092-06, 9-18-2006)

NAC 644.125Recesses. (NRS 644.110)Each
school of cosmetology shall provide every student in attendance at least:

1. One 30-minute lunch recess for every 7
hours of training time; and

2. One 15-minute break for every 3 1/2 hours
of training time.

[Bd. of Cosmetology, Nos. 20.15 & 20.16, eff. 10-15-81]

NAC 644.130Prohibition against requiring students to purchase supplies for
use in course of study. (NRS 644.110)A school
of cosmetology shall not require students to purchase beauty supplies for use
in the course of study, including, but not limited to, shampoos, conditioners,
nail files, nail tips and any other consumable item.

1. A school’s advertising of cosmetological
services must not be false, misleading or deceptive.

2. No school may advertise that its students
will earn commissions, salaries or pay of any other kind, other than
gratuities, for services rendered.

3. A sign must be posted within each school
of cosmetology to read “School of Cosmetology, Work Done Exclusively by
Students,” or words of similar substance. The sign must be displayed in the
reception room and in full view of all patrons, students and instructors in the
school.

1. To receive a certificate of registration
as a cosmetologist’s apprentice, an applicant must complete and submit to the
Board an application on the appropriate form provided by the Board.

2. In addition to the information specified
in subsection 3 of NRS 644.217,
the form must be accompanied by:

(a) Proof satisfactory to the Board that the
applicant:

(1) Is a resident of a county in this State
whose population is less than 50,000;

(2) Is required to travel more than 60 miles
from his place of residence to attend a licensed school of cosmetology;

(3) Is not less than 16 years of age at the
time of application;

(4) Is of good moral character; and

(5) Has completed at least the 10th grade in
high school or its equivalent;

(b) A copy of the applicant’s birth certificate,
passport or voter registration card issued pursuant to the provisions of NRS 293.517;

(c) Two photographs of the applicant that:

(1) Are identical;

(2) Have been taken not more than 90 days
before the date of the submission of the application;

(3) Are 1 1/2 by 1 1/2 inches in size;

(4) Show the front view of the full face of
the applicant in color against a plain white or off-white background and are
otherwise substantially equivalent to a photograph suitable for use in a
passport issued by the United States Government; and

(5) Have the name and address of the applicant
written on the back;

(d) A copy of the petition of the licensed
cosmetologist who will be supervising and training the applicant if he is
approved to be a cosmetologist’s apprentice;

(e) A statement from the owner of the
cosmetological establishment where the applicant will be trained which states
that the owner has received written approval from the Board that the
cosmetological establishment satisfies the requirements of NAC 644.164; and

(f) Proof of any name changes of the applicant, if
applicable.

(Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000;
A by R029-02, 7-19-2002; R092-06, 9-18-2006; R030-08, 9-18-2008)

1. To supervise and train a cosmetologist’s
apprentice, a licensed cosmetologist must complete a petition on the
appropriate form provided by the Board. The applicant for a certificate of
registration as a cosmetologist’s apprentice must obtain this completed
petition and include it with his application submitted pursuant to NAC 644.151.

2. The petition must be accompanied by
proof, satisfactory to the Board, that the petitioner:

(a) Has been licensed by the Board to practice
cosmetology in this State for not less than 3 years immediately preceding the
date of submittal of an application for a certificate of registration pursuant
to NAC 644.151;

(b) Has been in good standing with the Board during
the 3-year period specified in paragraph (a);

(c) Resides in the same county of this State as the
applicant for a certificate of registration as a cosmetologist’s apprentice
whom he seeks to supervise; and

(d) Currently works in or operates a licensed
cosmetological establishment:

(1) In which all the occupations of
cosmetology are practiced;

(2) Which is the same establishment referred
to in the owner’s statement of permission and the owner’s statement that he has
received written approval from the Board that were submitted with the
application for a certificate of registration pursuant to subsection 3 of NRS 644.217 and NAC 644.151, respectively; and

(3) Which is located in the same county of
this State in which the applicant for a certificate of registration as a
cosmetologist’s apprentice resides.

(Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000;
A by R092-06, 9-18-2006)

NAC 644.157Approval or denial of application. (NRS 644.110, 644.2175)The
Board will review an application submitted pursuant to NAC
644.151, including the petition completed by the licensed cosmetologist
pursuant to NAC 644.154, and approve or deny it
within 30 days after the date it is received by the Board. If approved, a
certificate of registration will be issued and sent to the cosmetologist’s
apprentice within 10 days after the date the Board approves the application.

1. A certificate of registration as a
cosmetologist’s apprentice is valid for training only with the licensed
cosmetologist and the cosmetological establishment approved by the Board when
the certificate of registration was issued.

2. Authorization of a licensed cosmetologist
to supervise and train a cosmetologist’s apprentice is valid only for the
cosmetologist’s apprentice named in the certificate of registration and only
for the period during which the cosmetologist’s apprentice holds the
certificate of registration.

3. If a cosmetologist’s apprentice is unable
to complete the number of hours of training required by NRS 644.200 with the licensed
cosmetologist or the cosmetological establishment approved by the Board when
the certificate of registration was issued:

(a) That certificate of registration is not valid
for use with another supervising licensed cosmetologist or cosmetological
establishment; and

(b) The cosmetologist’s apprentice may apply for a
new certificate of registration with a different supervising licensed
cosmetologist or a different cosmetological establishment named as the site for
the training of the cosmetologist’s apprentice.

4. Except as otherwise provided in this
subsection, the Board may allow a cosmetologist’s apprentice who applies for
and receives a new certificate of registration pursuant to subsection 3 to
apply training hours earned pursuant to his previous certificate of registration
to the number of hours of training required pursuant to NRS 644.200. The Board will not
allow the application of hours earned 4 years or more before the date that the
cosmetologist’s apprentice applies for the new certificate of registration.

5. If the reason that a cosmetologist’s
apprentice must apply for a new certificate of registration pursuant to
subsection 3 is because the licensed cosmetologist or the cosmetological
establishment approved by the Board when the certificate of registration was
issued refuses or is unable to complete the training, the Board may waive the
application fee for that applicant.

1. Before an application for a certificate
of registration as a cosmetologist’s apprentice may be approved by the Board,
the owner of the cosmetological establishment where the applicant will be
trained must contact the Board and request an oral review to determine whether
the cosmetological establishment meets the requirements of this section. The
Board will conduct an on-site inspection of the cosmetological establishment
not later than 90 days after the date on which the certificate of registration
is issued to the applicant.

2. A cosmetological establishment where a
cosmetologist’s apprentice will be trained must have available in a designated
area for the use of the cosmetologist’s apprentice:

(a) One styling chair;

(b) One shampoo bowl;

(c) One handheld blow-dryer and one dryer that is
equipped with a chair and a device that releases air onto the client’s hair;

(d) One table for administering a manicure;

(e) Supplies for performing a process, that is
acceptable to the Board, for the wet and dry disinfecting of instruments used
in cosmetology through the use of disinfectants that are registered with the
Environmental Protection Agency;

(f) Equipment for hot work, consisting of:

(1) An electric heater;

(2) A pressing comb;

(3) A marcel curling iron; and

(4) Petroleum jelly for the protection of the
client’s skin while hot work is being performed;

(g) A sufficient amount of equipment and supplies
to block, wrap and complete one permanent cold wave, including rollers, rods,
end papers and cotton;

(h) Equipment and supplies for tinting, including
one bowl, one brush and two bottles for the application of the tint;

(i) Supplies, creams and lotions for performing a
facial;

(j) One head of a mannequin;

(k) At least one standard textbook concerning
cosmetology, a workbook for the theory of cosmetology and a workbook for the
practice of cosmetology;

(m) Combs and brushes for the performance of all
services requiring combs and brushes;

(n) Tapering shears;

(o) Strips for protecting the neck of the client;

(p) Scissors;

(q) One razor and blade with a guard;

(r) One plastic spray bottle;

(s) Bandages;

(t) Protective gloves;

(u) Instruments for holding rollers in the hair,
commonly referred to as “clippies”;

(v) Equipment for hot waxing;

(w) Oils and conditioners, consisting of:

(1) Pressing oils;

(2) Scalp conditioners, including at least one
conditioner made without a soap base, especially for pressed hair;

(3) Hair conditioners made without a soap
base, especially for pressed hair, such as petroleum jelly;

(4) Curling creams made with wax or petroleum
jelly; and

(5) Dry, cleaning fluids for pressing hair,
such as alcohol;

(x) One heated cap for the treatment of hair;

(y) A covered container for the storage of
hairpins, clips, nets and similar items;

(z) One shampoo cape; and

(aa) Supplies for performing manicures and
pedicures, including:

(1) Emery boards;

(2) Cream for cuticles;

(3) Base coat;

(4) Top coat;

(5) Nail polish;

(6) A bowl for water;

(7) Supplies for sanitizing instruments used
to perform a manicure or pedicure;

(8) Sticks made of orangewood for single use
or other instruments that can be sanitized professionally for pushing back
cuticles; and

(9) Tips, wraps, extensions and sculptured
nails.

(Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000;
A by R029-02, 7-19-2002; R092-06, 9-18-2006)

NAC 644.167Duties of supervising cosmetologist. (NRS 644.110, 644.2175, 644.471)A
licensed cosmetologist who has been authorized by the Board to supervise and
train a cosmetologist’s apprentice and who is supervising and training a
cosmetologist’s apprentice shall, in addition to the duties specified in NRS 644.2175:

1. Specify, in the daily record of the
training of the cosmetologist’s apprentice, the number of hours spent on each
subject and the type of training that was administered;

2. Provide practical training and technical
instruction in the subjects and for the hours listed below:

(a) Blow-drying, 160 hours;

(b) Dispensary, 50 hours;

(c) Extensions and wrapping of nails, 40 hours;

(d) Facials, arching, skin care and make-up, 120
hours;

(e) Finger waving, 120 hours;

(f) Hair coloring, 400 hours;

(g) Haircutting, 450 hours;

(h) Manicuring, 150 hours;

(i) Miscellaneous practical and technical
instruction, 180 hours;

(j) Modeling, 60 hours;

(k) The provisions of chapter 644 of NRS and the regulations
adopted pursuant thereto, 40 hours;

(l) Pedicuring, 50 hours;

(m) Permanent waving and chemical straightening,
500 hours;

(n) Receptionist’s duties, 50 hours;

(o) Salon management, 50 hours;

(p) Scalp treatment, 50 hours;

(q) Shampooing and rinses, 50 hours;

(r) Skipwaving, 120 hours;

(s) Theory, 410 hours;

(t) Thermal straightening, curling and marcelling,
300 hours;

(u) Wet hairdressing, 200 hours; and

(v) Wigs and hairpieces, 50 hours;

3. Administer monthly tests on the theory
and the practice of the subjects specified in subsection 2;

4. Submit monthly reports to the Board,
signed by himself and by the cosmetologist’s apprentice, that summarize the
apprentice’s record of attendance, the training he has received during the
previous month and his scores on any tests administered during the previous
month;

5. Ensure that the cosmetologist’s
apprentice wears, at all times that he is receiving training or performing work
on the public, a clean outer garment that meets the requirements of NAC 644.355 and a badge pursuant to the requirements
of NAC 644.174;

6. Ensure that the certificate of
registration of the cosmetologist’s apprentice is in plain view of the public
at the position where he is being trained and performing work on the public;

7. Limit the training of the cosmetologist’s
apprentice to not more than 40 hours per week and not more often than 5 days
out of every 7 consecutive days;

8. Not commence training until he has
ensured that the cosmetologist’s apprentice has received a certificate of
registration from the Board; and

9. Upon completion of the training of the
cosmetologist’s apprentice, submit to the Board a final report that:

(a) Documents that the cosmetologist’s apprentice
completed the number of hours of training required pursuant to NRS 644.200 and the number of hours
spent on each of the subjects specified in subsection 2;

(b) Summarizes the training provided to the
cosmetologist’s apprentice; and

(c) States whether the cosmetologist’s apprentice
is ready to take the written examination for a license as a cosmetologist.

(Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000)

NAC 644.171Posting of certificate of registration; minimum training required
before apprentice may work on public. (NRS 644.110, 644.2175)A
cosmetologist apprentice may not:

1. Commence training until his certificate
of registration is placed in plain view of the public at the place where he is
being trained and performing work on the public; or

2. Perform work on the public until he has
received at least 350 hours of technical training, with at least a portion of
that time devoted to each of the subjects specified in subsection 2 of NAC 644.167.

(Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000)

NAC 644.174Badge. (NRS 644.110, 644.2175)Each
cosmetologist’s apprentice shall construct and wear, at all times when
receiving training or performing work on the public, a badge which contains the
name and photograph of the cosmetologist’s apprentice, his certificate of
registration number and the name of the licensed cosmetologist who is
supervising and training him.

1. Cosmetologist’s apprentice to display
properly his certificate of registration or wear the badge required pursuant to
NAC 644.174; and

2. Licensed cosmetologist who is supervising
and training a cosmetologist’s apprentice to ensure the proper display of the
certificate of registration or the wearing of the badge by the cosmetologist’s
apprentice,

Ê shall be
deemed an unfair or unjust practice that constitutes grounds for disciplinary
action by the Board.

(Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000)

NAC 644.181Disciplinary action. (NRS 644.110, 644.2175, 644.430)A
licensed cosmetologist who is supervising and training a cosmetologist’s
apprentice may be subject to discipline by the Board for any action or omission
for which the cosmetologist’s apprentice is subject to discipline by the Board.

(Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000)

SCHOOLS OF ELECTROLOGY

NAC 644.200Minimum requirements for space and accommodations. (NRS 644.110, 644.380)Each
school of electrology must have:

1. At least 1,000 square feet of floor space
for the first 10 students enrolled and 100 square feet for each additional
student.

2. If it is within a school of cosmetology,
100 square feet of partitioned space for each student of electrology. This
requirement is in addition to the initial 5,000 square feet required for the
school of cosmetology.

NAC 644.210Filing of standard contract, rules and financial forms. (NRS 644.110)Each
school of electrology shall file with the Board:

1. A copy of its standard contract and
rules, upon renewal of its license.

2. A statement of any changes made
throughout the year with respect to its contract or rules.

3. A copy of each financial form used by it
with respect to tuition, grants, scholarships or any other method of
subsidizing tuition.

[Bd. of Cosmetology, No. 22.11, eff. 12-3-80]

NAC 644.215Registration of students with Board. (NRS 644.110, 644.400)A school
of electrology shall register each student with the Board within 45 days after
the student has enrolled in the school. To register a student, the school shall
submit a completed form provided by the Board that includes:

1. The name of the student;

2. The number of credit hours for which the
student is enrolled;

3. If the student has transferred to the
school of cosmetology and is requesting to receive credit for courses taken at
another school of cosmetology, a copy of the letter issued by the Board verifying
the number of hours for which the student has previously earned credit;

4. The signature of an authorized
representative of the school;

5. A copy of the student’s birth
certificate, passport or voter registration card issued pursuant to the provisions
of NRS 293.517;

6. An affidavit stating that the student has
successfully completed at least the 10th grade in high school or its
equivalent;

7. If applicable, proof of any name change
of the student;

8. If applicable, a copy of the validation
of foreign documentation required under subsection 3 of NAC
644.124; and

NAC 644.220Registrar: Appointment; duties. (NRS 644.110, 644.400)Each
school of electrology shall appoint at least one of its employees to serve as a
registrar and file the name of the registrar with the Board. The registrar
shall:

1. Keep a daily record of the attendance of
each student.

2. Keep a record of training time.

3. Send to the Board on the 15th day of each
month a copy of the record of attendance and training time, and furnish a copy
to each student upon request. The school shall keep the original for its own
records. The record must be signed by the registrar, instructor and student.

4. Maintain each student’s file for the
duration of his attendance. At the completion of training, the registrar shall
send to the Board the original record of the completion and a copy of the final
time record.

5. Ensure that the records are accurate.

6. Send the student’s record of withdrawal
or completion to the Board within 15 days after the student has withdrawn or
completed his course. Each such record must be signed by the student, if
available, and the registrar.

7. Provide each student who withdraws from
the school copies of the record of his withdrawal and his time records, upon
his request. These records must be given to the student within 3 business days
after his withdrawal from school if such a request has been made.

1. A school of electrology shall maintain a
staff of licensed instructors competent to give instruction in all subjects of
the curriculum, including the subjects required by this chapter to be taught at
the school.

2. Students must be given at least 1 hour of
instruction in theory each day before working on patrons that day. Any student
who fails to attend the instruction on theory shall remain in school for the
duration of the day and receive training in another facet of electrology not
related to the participation of patrons.

3. Initially, each student must be
identified by wearing a badge with the word “freshman” inscribed on it. This
badge may not be removed until the completion of a preliminary training period
of 160 hours or an equivalent of 20 days.

4. No instructor in a licensed school of
electrology may apply his time to the public or private practice of cosmetology
or electrology for compensation during the hours he is on duty as an
instructor. Every instructor shall devote his full time during the hours that
he is on duty as an instructor to instructing students.

5. Students shall not practice electrology
at home or in a cosmetological establishment, or give demonstrations other than
those required of them by the school of electrology.

[Bd. of Cosmetology, No. 22.4, eff. 12-3-80]

NAC 644.230Time records. (NRS 644.110, 644.400)Each
school of electrology must have a time clock, computer or other device approved
by the Board that generates a time record. Such devices, and the records
generated by those devices, used in schools of electrology must be administered
and maintained in the same manner as in schools of cosmetology.

NAC 644.235Requirements for practical training and technical instruction. (NRS 644.110, 644.400)Each
school of electrology must offer to its students practical training and
technical instruction in the subjects and for the hours shown below:

1. Electrology and thermology, 650 hours in
the following subjects:

(a) Sanitation and sterilization;

(b) Protection of patrons, including draping;

(c) Use of equipment and instruments;

(d) Insertion of instruments, single and multiple;

(e) Precautionary measures before and after
treatment;

(f) Immediate aftercare;

(g) Home care;

(h) Destruction of the papilla;

(i) Observation of demonstrations; and

(j) Observation of results of work. (At least 60
percent of the hours in this subject must be spent in performing services on
another person.)

2. Theoretical and practical training, 20
hours in the following subjects:

(a) Ethics;

(b) Conduct;

(c) Courtesy;

(d) Telephone etiquette; and

(e) Salesmanship.

3. Instruction in theory, 250 hours in the
following subjects:

(a) Sanitation and sterilization;

(b) Electricity;

(c) Electrology;

(d) Thermology;

(e) Dermatology;

(f) Trichology;

(g) Bacteriology;

(h) The peripheral vascular system (capillaries);

(i) The sensory nervous system (nerve endings); and

(j) The provisions of chapter 644 of NRS which are pertinent to
the practice of electrology.

4. In modeling for electrology and
thermology, 80 hours.

[Bd. of Cosmetology, No. 22.5, eff. 12-3-80]

NAC 644.240Location within school of cosmetology. (NRS 644.110, 644.380)Schools
of electrology may be located within schools of cosmetology.

1. A school of electrology which advertises
the availability of services in electrology shall designate the services as
services by students. Advertising must not be false, misleading or deceptive.

2. No such school may advertise that its
students earn commissions, salaries or other pay, except gratuities, for
services rendered.

3. In the reception room of the school, a
sign must be posted which contains the words “School of Electrology, Work Done
Exclusively by Students,” or words of similar substance, in letters large
enough to be read the length of the room. The sign must be displayed in full
view of all patrons, students and instructors in the school.

[Bd. of Cosmetology, No. 22.6, eff. 12-3-80]

NAC 644.250Requirements for practical examination. (NRS 644.110)In
taking a practical examination, an applicant must appear in a clean, washable
garment and furnish such supplies, model and equipment as may be designated by
the Board.

[Bd. of Cosmetology, No. 22.12, eff. 12-3-80]

ELECTROLOGISTS’ APPRENTICES

NAC 644.255Application. (NRS 644.110, 644.203, 644.215)Each
person wishing to become an electrologist’s apprentice must apply to the Board
on a form prescribed by the Board and show that he:

1. Resides in Nevada;

2. Is 18 years of age or over;

3. Is of good moral character and temperate
habits;

4. Has completed the 12th grade in school or
its equivalent;

5. Has submitted two photographs of himself
that:

(a) Are identical;

(b) Have been taken not more than 90 days before
the date of the submission of the application;

(c) Are 1 1/2 by 1 1/2 inches in size;

(d) Show the front view of the full face of the
applicant in color against a plain white or off-white background and are otherwise
substantially equivalent to a photograph suitable for use in a passport issued
by the United States Government; and

(e) Have his name and address written on the back;

6. Has a birth certificate, passport or
voter registration card issued pursuant to the provisions of NRS 293.517; and

7. Is prepared to undertake a training
program for at least 1,000 hours, extending over 5 consecutive months.

NAC 644.260Petition to supervise electrologist’s apprentice. (NRS 644.110, 644.203)Every
person wishing to supervise and instruct an electrologist’s apprentice must
petition the Board on a form prescribed by the Board. The petition must show
that the petitioner:

1. Is a licensed electrologist and has been
licensed and has practiced continuously for at least 2 years before the date of
his petition.

2. Resides in Nevada.

3. Works in or operates a cosmetological
establishment licensed by the Board.

4. Understands that:

(a) Before he commences to train an electrologist’s
apprentice, the cosmetological establishment must be inspected and approved by
the Board as a suitable place for conducting such training, and that the
establishment must have the supplies and equipment set forth in NAC 644.205 to be deemed suitable.

(b) Only after he has been approved to instruct the
electrologist’s apprentice and the cosmetological establishment has been
approved for such training will a permit be issued allowing the program to
commence.

5. Believes that the electrologist’s
apprentice:

(a) At the time to commence training will be 18
years or more;

(b) Is of good moral character and temperate
habits;

(c) Is a resident of Nevada; and

(d) Has completed the 12th grade in school or its
equivalent.

6. Is fully able to prepare the
electrologist’s apprentice for examination by:

(a) Providing him at least 5 consecutive months of
direct supervision in a licensed cosmetological establishment in which all the
occupations of electrology are practiced;

(b) Supervising him during a course of training
extending for 1,000 hours or more; and

(c) Providing training in the subjects which the
Board requires to be taught.

7. Understands that monthly reports of the
attendance and training of the electrologist’s apprentice, signed by the
petitioner as supervisor and countersigned by the electrologist’s apprentice,
must be filed with the Board.

8. Agrees to:

(a) Submit to the Board, upon the completion of
training, a final report which summarizes the monthly reports, and is
accompanied by the application of the electrologist’s apprentice for
examination; and

(b) Give the electrologist’s apprentice tests in
theory and practice, enter the results of the tests on the monthly reports to
the Board, and submit the reports by the first day of each month.

9. Understands that the electrologist’s
apprentice may not be allowed to practice electrology:

(a) Outside the licensed establishment where the
training is being conducted.

(b) Unless he is under the direct supervision of
the person in charge of training.

10. Understands that the electrologist’s
apprentice must:

(a) Wear a clean, washable garment at all times and
a badge denoting him as an electrologist’s apprentice; and

(b) Post the permit of the electrologist’s
apprentice, which indicates that he is currently in training, in full view of
all the patrons in the establishment.

11. Agrees:

(a) That he is responsible for the activities of
the electrologist’s apprentice under his supervision and instruction, and the
Board is not liable for those activities; and

(b) To provide sufficient malpractice insurance to
protect all persons involved against acts of the electrologist’s apprentice.

12. Understands that any failure on his part
to abide by this chapter is a ground for the revocation or suspension of his
license.

NAC 644.265Limitation on number of apprentices supervised. (NRS 644.110, 644.203)No more
than one permit will be granted to a person for instructing and supervising an
electrologist’s apprentice.

[Bd. of Cosmetology, No. 23.6, eff. 12-3-80]

NAC 644.270Approval of apprenticeship by owner of cosmetological
establishment or cosmetologist in charge. (NRS 644.110, 644.203)Before
commencing to train an electrologist’s apprentice, the petitioner must supply
evidence to the Board that the owner of the cosmetological establishment or
cosmetologist in charge of it has approved the training of the apprentice
within his establishment.

[Bd. of Cosmetology, No. 23.7, eff. 12-3-80]

NAC 644.275Inspection of premises on which training to be conducted;
criteria. (NRS
644.110, 644.203)Before
the commencement of a training program for an electrologist’s apprentice, the
inspector for the Board shall inspect the premises on which the training
program is to be conducted. To receive approval for such a program, the
cosmetological establishment must have the following equipment:

1. One high-frequency generator or
thermalysis machine, or one galvanic generator or electrolysis machine;

1. Each supervisor of an electrologist’s
apprentice must offer the practical training and technical instruction in the
subjects and for the hours shown below:

(a) Electrology and thermology, 650 hours in the
following subjects:

(1) Sanitation and sterilization;

(2) Protection of patrons, including draping;

(3) Use of equipment and instruments;

(4) Insertion of instruments, single and
multiple;

(5) Precautionary measures before and after
treatment;

(6) Immediate aftercare;

(7) Home care;

(8) Destruction of the papilla;

(9) Observation of demonstrations; and

(10) Observation of results of work. At least
60 percent of the hours in this subject must be spent in performing services on
another person.

(b) Theoretical and practical training, 20 hours in
the following subjects:

(1) Ethics;

(2) Conduct;

(3) Courtesy;

(4) Telephone etiquette;

(5) Neatness;

(6) Salesmanship; and

(7) Professional attitude in meeting the
public.

(c) Instruction in theory, 250 hours in the
following subjects:

(1) Sanitation and sterilization;

(2) Electricity;

(3) Electrology;

(4) Thermology;

(5) Dermatology;

(6) Trichology;

(7) Bacteriology;

(8) The peripheral vascular system
(capillaries);

(9) The sensory nervous system (nerve
endings); and

(10) The provisions of chapter 644 of NRS which are pertinent to
the practice of electrology.

(d) Modeling for electrology and thermology, 80
hours.

2. The supervisor of an electrologist’s
apprentice shall directly supervise the apprentice whenever the apprentice is
engaged in the practical training and technical instruction set forth in this
section.

NAC 644.295Minimum training required before apprentice may work on patrons. (NRS 644.110, 644.203, 644.408)Before
he commences work on patrons, an electrologist’s apprentice must have received
at least 250 hours of training covering all phases of electrology.

1. A misrepresentation to the public of the
activities of an electrologist’s apprentice is cause for revocation of the
permit of the electrologist’s apprentice and where circumstances warrant, for
revocation of the supervisor’s license.

2. A supervisor’s failure to display the
permit of the electrologist’s apprentice properly or to have the
electrologist’s apprentice wear his badge properly shall be deemed a
misrepresentation to the public.

3. Cosmetological establishments and
supervisors of the electrologist’s apprentice are accountable for all
advertising of the services of the electrologist’s apprentice. The advertising
must not mislead the public about the nature and extent of the services of the
electrologist’s apprentice provided by the salon. A finding of false or
misleading advertising regarding services of an electrologist’s apprentice is a
sufficient cause to warrant revocation or suspension of the permit of the
electrologist’s apprentice, the license of the supervisor or the license of the
cosmetological establishment.

1. Except as otherwise provided in NRS 644.360, if the operator of a
cosmetological establishment leases space at his establishment to a person to
engage in an activity that is not under the jurisdiction of the Board,
including, without limitation, tattooing, body piercing and massage therapy,
the leased space must:

(a) Have a different entrance from that of the
cosmetological establishment and be separated from the establishment by a door
that can be locked and surrounding walls that are at least 6 feet high;

(b) Be located on a floor different from the floor
on which the cosmetological establishment is located; or

(c) Be otherwise located to avoid creating the
impression that the space is a part of the cosmetological establishment.

2. As used in this section, “space” has the
meaning ascribed to it in NRS
644.360.

1. A licensed cosmetologist, aesthetician,
electrologist, hair designer, demonstrator of cosmetics or nail technologist
who leases space from an operator of a cosmetological establishment shall comply
with the applicable provisions of NAC 644.310 to 644.385, inclusive.

2. Each operator of a cosmetological
establishment who leases space to a barber, any other professional, including,
without limitation, a provider of health care, or any other person shall make
the person aware of the requirements set forth in NAC
644.310 to 644.385, inclusive.

NAC 644.310Drinking cups and facilities. (NRS 644.110, 644.120)Each
cosmetological establishment or school of cosmetology shall provide disposable
cups, where applicable, for the use of patrons and employees. Drinking
fountains, coolers and refreshment centers must be located in a clean and
sanitary place and must not be located in the restrooms.

NAC 644.313Disposal of waste. (NRS 644.110, 644.120)In each
cosmetological establishment and school of cosmetology:

1. All chemical waste material must be
deposited in a closed container and disposed of in a fire-retardant container
at the close of business each day.

2. All other waste must be deposited
immediately in waste disposal containers which, unless they are located near a
reception desk or in an office or restroom, must be covered at all times.

3. Waste disposal containers must be kept
clean.

4. Any disposable material which comes into
contact with blood or other bodily fluids, such as discharge from pustules,
pimples and sebaceous glands, must be disposed of in a sealable plastic bag or
in a manner that not only protects the licensee and the client but also others
who may come into contact with the material in the future, such as sanitation
workers.

5. To prevent the possible spread of any
blood-borne disease or virus, any disposable sharp objects that come in contact
with blood or other bodily fluids must be disposed of in a sealable rigid
container that is strong enough to protect the licensee, clients and others who
may come into contact with the materials in the future from accidental cuts or
puncture wounds.

(Added to NAC by Bd. of Cosmetology, eff. 5-15-92; A by
R030-08, 9-18-2008)

NAC 644.315Exhaust systems. (NRS 644.110, 644.120)Each
cosmetological establishment and school of cosmetology and each room or
residence used as a cosmetological establishment must have a system for exhaust
acceptable to the Board.

1. Each cosmetological establishment or
school of cosmetology must have fully operable toilets which are accessible to
clients and employees. Each area in which a toilet is located must have a sink
with an adequate and readily available supply of hot and cold running water at
all times and a mechanical exhaust system for ventilation which completely
circulates the air. If the restrooms for the cosmetological establishment are
located outside of the cosmetological establishment, the restrooms must be:

(a) In plain view or clearly marked with
appropriate signs, and

(b) Located within 100 feet of the entrance of the
cosmetological establishment and under the same roof as the cosmetological
establishment.

2. The floor covering in each restroom
located in a cosmetological establishment or school of cosmetology must be made
of a washable material which is not porous or absorbent, if the operator of the
establishment or school is issued a license:

(a) After July 1, 1992; or

(b) On or before July 1, 1992, and the
establishment or school is sold or a majority interest is transferred after
July 1, 1992.

1. All floors in restrooms and areas where
hair is cut, shampooed or styled must be of a washable material which is not
porous or absorbent. Carpeting is allowed in all other areas of the
cosmetological establishment or school of cosmetology, including, without
limitation, reception areas and areas for manicuring and aesthetics.

2. All walls within a cosmetological
establishment or school of cosmetology must be of a washable material which is
not porous or absorbent.

3. All walls, floors, woodwork, ceilings,
furnishings, equipment and fixtures must be kept clean and in good repair.

4. Clippings of hair must not be allowed to
accumulate and must be disposed of in a covered waste receptacle immediately
after the hair is cut.

5. Refuse and waste must not be allowed to
accumulate.

6. A footbath or portable spa that has been
used for nail services, including any suction screens where hair, skin and
nails may accumulate, must be disinfected before the footbath or portable spa
may be offered to another client. The disinfection must be performed in
accordance with procedures established by the Board, including, without
limitation, the use of a product that is registered with the United States
Environmental Protection Agency and approved by the Board.

7. Portable spas, if any, must have separate
hoses or tubes, or both, for draining and refilling the spa. All such hoses and
tubes must be appropriately marked.

1. Each cosmetological establishment or
school of cosmetology must have suitable permanent plumbing which provides an
adequate and readily available supply of hot and cold running water at all
times and is permanently connected for drainage of sewage and potable water
within the areas where work is performed and supplies dispensed.

2. Each cosmetological establishment or
school of cosmetology must contain a dispensary sink if the operator of the
establishment or school is issued a license:

(a) After June 1, 1982; or

(b) On or before June 1, 1982, and the
establishment or school is sold or a majority interest is transferred after
June 1, 1982.

3. The floor coverings within a distance
from all exposed sides of a sink, pedicure spa or dispensary sink that is the
same distance as the width of the sink, pedicure spa or dispensary sink must be
made of a washable material which is not porous or absorbent if the operator of
the establishment or school is issued a license:

(a) After July 1, 1992; or

(b) On or before July 1, 1992, and the
establishment or school is sold or a majority interest is transferred after
July 1, 1992.

1. The headrest of each chair must be
covered with a clean towel or paper sheet for each client.

2. The part of a shampoo bowl on which a
client’s neck rests must be covered with a clean towel during each shampoo. The
bowls must be carefully washed and be disinfected with a disinfectant that is
registered with the Environmental Protection Agency, and all loose hair must be
removed from the drains after each use.

3. After a towel or linen has been used
once, it must be deposited in a receptacle provided for soiled towels and
linens, must not be stored in any restroom, and must not be used again until
properly laundered and sanitized. All towels, after being laundered and
sanitized, must be kept in closed, dust-free cabinets that have fumigants.

4. Sanitary neck strips or towels must be
wrapped around the neck of the client to prevent all coverings from coming into
direct contact with the client. Proper draping of towels must be used for all
services, except that sanex strips may be used for dry services.

5. Treatment tables must be sanitized after
each use with a sanitizing solution acceptable to the Board.

6. All instruments and supplies, including,
without limitation, neck strips, nail files and buffers, that come into direct
contact with a client and cannot subsequently be disinfected must be disposed
of in a waste receptacle immediately following their use.

7. Neck dusters and all other brushes used
on a client must be maintained in a clean and sanitary condition.

(a) Sanitizing and infection control solutions must
be available for immediate use at all times and must be registered with the Environmental
Protection Agency as a bactericide, fungicide or virucide.

(b) All instruments, implements and other tools
must be cleaned and disinfected in the following manner before use:

(1) All hair and other adherent foreign
material must be removed from the instrument, implement or other tool; and

(2) The instrument, implement or other tool
must be:

(I) Thoroughly washed with soap and hot
water;

(II) Rinsed in clear hot water; and

(III) Placed in a covered wet sanitizer
which is large enough for complete immersion of the instrument, implement or
other tool, and which contains an infection control solution that is registered
with the Environmental Protection Agency and approved by the Board.

Ê During each
service, all instruments, implements and other tools must be kept free of
contamination by immersion in an infection control solution approved by the
Board.

(c) All disinfected instruments, implements and
other tools that are not in use and not in the process of wet disinfection in a
wet sanitizer must be stored in a clean, dry sanitizer. A dry sanitizer
consists of a clean, closed container, drawer or storage unit with a fumigant
that contains only disinfected instruments, implements and other tools.

(d) Any instrument, implement or other tool dropped
on the floor or otherwise made unsanitary must be deposited in a separate
labeled container for soiled articles only and must not be used until it has
been thoroughly disinfected as specified in paragraph (b). A container for the
disinfectant used that includes the manufacturer’s label must be available at
all times in the cosmetological establishment or school of cosmetology.

(e) All electrolysis instruments must be cleaned in
the following manner after each use:

(1) All foreign matter must be removed from
the instrument; and

(2) The instrument must be:

(I) Washed in soap and hot water; and

(II) Rinsed in hot water.

(f) After cleaning, all electrolysis instruments
must be sterilized by one of the following methods:

(1) Use of a steam sterilizer; or

(2) Use of a dry sterilizer,

Ê which is
registered and listed with the United States Food and Drug Administration, and
is used according to the manufacturer’s instructions.

(g) Sterilization equipment must be checked daily
to ensure that it is reaching the temperature required by the manufacturer’s
instructions.

(h) All sterilized instruments and sanitary
disposable articles must be stored in clean, closed containers, drawers or
storage units which must be free of other articles.

(i) Single-use items must not be used on more than
one client and must be disposed of after use on a client.

(j) All single-use items and other items that
cannot be disinfected must be stored in closed containers at all times while
not in use.

NAC 644.342Clippers, vibrators and other electrical instruments. (NRS 644.110, 644.120)Clippers,
vibrators and other electrical instruments must be disinfected in the following
manner before use:

1. All foreign matter must be removed; and

2. The instrument must be disinfected with a
disinfectant that is registered with the Environmental Protection Agency as a
bactericide, fungicide or virucide and used according to the manufacturer’s
instructions.

(Added to NAC by Bd. of Cosmetology by R029-02, eff. 7-19-2002)

NAC 644.345Cosmetics and other preparations. (NRS 644.110, 644.120)In each
cosmetological establishment or school of cosmetology:

1. Creams, lotions, cosmetics and other
preparations used on clients must be kept in closed containers at all times
when not in use.

2. Powder for the face must be kept in a
closed container. The use of powder puffs is prohibited.

3. Lotions or liquids used on a client must
be poured into a sanitized container and applied to the client using cotton or
other type of applicator.

4. Creams or other semisolid substances must
be dipped from the container with a sanitized article or spatula. Removing such
substances with the fingers is prohibited.

5. Creams, lotions and other preparations
must be removed by means of cotton, gauze, facial tissue or other sanitized
material.

6. Supplies used for service to clients must
not be stored in any restroom.

7. Cosmetics used in the form of a pencil
must be sharpened before each use.

8. All bottles and containers must be
distinctly and correctly marked with a label which discloses its contents. All
articles containing poisonous substances must be distinctly marked as such.

NAC 644.350Cleansing of hands. (NRS 644.110, 644.120)Every
licensee and student in a cosmetological establishment or school of cosmetology
must thoroughly wash his hands in an antibacterial liquid before and after
serving each client and after each use of the restroom.

1. In each cosmetological establishment or
school of cosmetology, all licensees must wear clean outer garments and
adequate footwear at all times when serving a client. Instruments or supplies
must not be carried in or on a garment.

2. For the purposes of this section, “outer
garments” means one garment or a combination of garments which provides
adequate protection at least of the torso of the wearer’s body from debris,
infectious or communicable diseases, infestations of animal parasites and
chemical hazards which may injure the body through absorption, inhalation or
physical contact. The term includes, without limitation:

1. A person afflicted with an infectious or
communicable disease which may be transmitted during the practice of
cosmetology or with an infestation of animal parasites shall not work or train
in a cosmetological establishment or school of cosmetology.

2. A cosmetological establishment or school
of cosmetology shall not knowingly require, permit or allow a student or person
licensed by the Board, to perform any service on a client who is afflicted with
any infectious or communicable disease which may be transmitted to a person who
is practicing cosmetology.

3. A cosmetological establishment or school
of cosmetology shall not require or allow a student or licensee of the Board to
perform any service on a client who is afflicted with an infestation of animal
parasites.

1. A cosmetologist or an aesthetician may
remove the uppermost layers of the facial skin by any method or means if only
the uppermost layers of the skin are removed and the removal is for the purpose
of beautification.

2. In removing the uppermost layers of skin
pursuant to this section, a cosmetologist or an aesthetician:

(a) May only use products that are commercially
available for the removal of facial skin for beautification; and

(b) Shall not mix or combine any such products
unless the mixing or combining is required pursuant to the manufacturer’s
instructions for the products being mixed or combined.

3. A cosmetologist or an aesthetician shall
not use any techniques or practices for the removal of skin that affect
anything other than the uppermost layers of the facial skin.

1. Except as otherwise provided in this
section, a licensee shall not perform any invasive procedure that includes,
without limitation:

(a) The application of electricity for the sole
purpose of contracting a muscle;

(b) The application of a topical lotion, cream or
other substance which affects anything other than the uppermost layers of the
skin;

(c) The penetration of the skin by metal needles;

(d) The abrasion of the skin below the uppermost
layers of the skin; or

(e) The removal of a callus using an instrument,
tool or other device that has a sharp edge, blade or point.

2. The provisions of paragraph (c) of
subsection 1 do not apply to the use of electrolysis needles by a licensed
electrologist.

3. As used in this section, “invasive
procedure” means an act that affects the structure or function of the skin
other than the uppermost layers of the skin.

(Added to NAC by Bd. of Cosmetology by R029-02, eff. 7-19-2002;
A by R030-08, 9-18-2008)

NAC 644.370Wigs and hairpieces. (NRS 644.110, 644.120)Wigs and
hairpieces must be cleaned with a sanitizing agent approved by the Board. A
microwave oven used for wig styling may be used only for that purpose.

1. Cosmetology may be practiced in private
residences only when the rooms used for the practice are completely separate
from any rooms used for living quarters. The rooms used for the practice must
be completely and permanently sealed off from the living quarters so that the
only entrances to and exits from that portion of the residence used for the
practice of cosmetology are from the street. A room used in a private residence
for the practice of cosmetology must meet all requirements for cosmetological
establishments in NAC 644.310 to 644.385, inclusive, and must:

(a) Have a ceiling that is not less than 8 feet in
height;

(b) Be equipped to give proper service to clients;

(c) Have toilets which are separate from any
toilets used by residents; and

(d) Have a sign outside of the building denoting
the name of the cosmetological establishment.

2. A private residence in which cosmetology
is practiced must be located in a geographical area in which the practice of
cosmetology is allowed by local zoning ordinances. If the private residence is
not located in such an area, the owner must receive a variance from the appropriate
local governing body before applying to the Board for a license for the
cosmetological establishment.

1. Except as otherwise provided in this
section and NAC 644.385, a person licensed to
practice cosmetology may practice only in a currently licensed cosmetological
establishment.

2. In the event of an emergency or death, a
person so licensed may practice elsewhere as the circumstances warrant if the
licensee notifies and receives approval from the Board before he engages in
that practice. The notification to the Board must include:

(a) The name of the person to receive the service;

(b) A description of the type of service to be
provided;

(c) The address or the location at which the
service will be provided;

(d) The date and time when the service will be
provided; and

(e) The name, type of license and number of the
license of the licensee.

3. A person may engage in emergency practice
only if he regularly operates or is employed in a cosmetological establishment.
A person who engages in an emergency practice shall indicate in the appointment
book of the establishment that the appointment is an out-call service.

4. A licensee may perform services outside
of a licensed cosmetological establishment if the customer to receive the
services has received a letter from his doctor which states that the customer
is under the long-term care of the doctor and such services can be performed
safely, in consideration of the medical condition of the customer. Services
provided by a licensee to such a customer must be provided in compliance with
this section.

NAC 644.385Place of practice: Donated services. (NRS 644.110)A
cosmetologist, aesthetician, hair designer or nail technologist licensed in
Nevada may perform services outside a cosmetological establishment if the
services are being donated to a charitable organization and prior written
approval has been given by the Board. Every possible effort must be made to
ensure that proper sanitation is maintained.

1. A person who applies for any privilege,
license or authority from the Board must be styled the “applicant.”

2. A person who complains to the Board of
any act or of another person must be styled the “complainant.” In any
proceeding which the Board initiates, the Board must be styled the
“complainant.”

3. Except for a complainant, a person who
petitions for any affirmative relief (including a person who requests an
advisory opinion or a declaratory order or requests the adoption, amendment or
repeal of a regulation) must be styled the “petitioner.”

4. A person against whom any complaint is
filed or investigation initiated must be styled the “respondent.”

5. Any person who was not an original party
to a proceeding but who may be directly and substantially affected by it must,
upon securing an order from the Board or presiding officer granting him leave
to intervene, be styled an “intervener.”

6. Any person who enters a proceeding to
protest against an application or petition must be styled a “protestant.”

7. A person who has not been admitted to a
proceeding as an intervener or a protestant and is not an original party to the
proceeding is not a party to the proceeding.

[Bd. of Cosmetology, Nos. 3.1-3.7, eff. 12-3-80]

NAC 644.395Staff of Board may be party to proceeding. (NRS 644.110)The
Board’s staff may appear at any proceeding and participate as a party.

[Bd. of Cosmetology, No. 3.8, eff. 12-3-80]

NAC 644.400Appearances. (NRS 644.110)A party
may enter his appearance at the beginning of a hearing or at any time
designated by the presiding officer, by giving his name and address and stating
his position or interest to the presiding officer. The information must be
entered in the record of the hearing.

1. In lieu of counsel, a party may be
represented by a person of his own choosing.

2. An attorney appearing as counsel in any
proceeding must be an attorney at law, admitted to practice and in good
standing before the highest court of any state. If the attorney is not admitted
and entitled to practice before the Supreme Court of Nevada, he must be
associated with an attorney so admitted and entitled to practice.

[Bd. of Cosmetology, No. 4.2, eff. 12-3-80]

NAC 644.410Service of process on attorney. (NRS 644.110)Following
the entry of an appearance by an attorney for a party, all notices, pleadings
and orders to be served thereafter upon the party must be served upon his
attorney and such service is, for all purposes, valid service upon the party
represented.

[Bd. of Cosmetology, No. 4.3, eff. 12-3-80]

NAC 644.415Withdrawal of attorney. (NRS 644.110)Any
attorney of record wishing to withdraw from a proceeding before the Board
shall, in writing, immediately notify the Board or its presiding officer, the
party whom he represented, and any other parties to the proceeding.

[Bd. of Cosmetology, No. 4.4, eff. 12-3-80]

Pleadings, Motions and Other Papers

NAC 644.420Construction. (NRS 644.110)All
pleadings will be liberally construed to administer justice between the
parties, and the Board or its presiding officer will at every stage of any
proceeding disregard errors or defects in the pleadings or proceedings which do
not affect the substantial rights of the parties.

1. Each pleading which prays for affirmative
relief, excluding an application, complaint, or answer but including a request
for a declaratory order or an advisory opinion or for the adoption, amendment
or repeal of any regulation, must be styled a “petition.”

2. A petition must contain the petitioner’s
full name and mailing address and be signed by him.

[Bd. of Cosmetology, No. 5.4, eff. 12-3-80]

NAC 644.435Verification. (NRS 644.110)All
pleadings except petitions must be verified. The following form may be used in
making a verification:

State of Nevada }

}ss.

County of................... }

................................, being first duly sworn,
deposes and says:

That he has filed this ................................
(complaint, answer or application); that he has read the foregoing and knows
the contents thereof; that the same are true of his own knowledge, except for
those matters therein stated upon information and belief, and as to those
matters, he believes them to be true.

2. Each written motion must set forth the
nature of the relief sought and the grounds for the motion.

3. A party desiring to oppose a motion may
serve and file a written response to the motion.

4. The moving party may serve and file a
written reply if a response to the motion has been served and filed.

5. A decision on a motion will be made
without oral argument unless the Board requires an oral argument, and if the
Board requires an oral argument, it will set a date and time for hearing the
argument.

[Bd. of Cosmetology, No. 6, eff. 12-3-80]

NAC 644.445Filing. (NRS 644.110)An
original and two legible copies of each pleading, motion, or other paper must
be filed with the Board. The Board may direct that a copy of each pleading and
motion be made available by the party filing it to any other person whom the
Board determines may be affected by the proceeding and who desires a copy.

1. Every notice, advisory opinion,
declaratory order or other document to be served by the Board will be served by
mail or delivery in person. Service thereof by mail shall be deemed complete
when a true copy of the document, properly addressed and stamped, is deposited
in the United States mail.

2. Every document required to be served by a
party must be served by mail or delivery in person. Service thereof by mail
shall be deemed complete when a true copy of the document, properly addressed
and stamped, is deposited in the United States mail.

[Bd. of Cosmetology, No. 7.2, eff. 12-3-80]

NAC 644.455Proof of service. (NRS 644.110)The
Board will include with all documents which it serves, other than its decisions
and orders, an acknowledgment of service or the following certificate:

I hereby certify that I have this day served the
foregoing document upon all parties of record in this proceeding (by delivering
a copy thereof in person to ................) (by mailing a copy thereof,
properly addressed, with postage prepaid, to ...........).

Dated at ..................., this .........(day) of
.................(month) of .........(year)

1. A complaint may be filed against any
person licensed under this chapter and must allege one or more of the causes of
action set forth in NRS 644.430.
A complaint may be filed by the Executive Director, the Board or any of the
Board’s members or investigators.

2. Each complaint must contain a statement
of facts showing that a provision of this chapter or chapter 644 of NRS has been violated. The
complaint must be sufficiently detailed to enable the respondent to prepare a
defense. All applicable statutes and regulations or orders of the Board must be
cited in the complaint, together with the date on which the act or omission is
alleged to have occurred.

3. If more than one cause of action is
alleged, each cause of action must be stated and numbered separately. Two or
more complainants may join in one complaint if their respective causes of
action are against the same person and deal substantially with the same
violation of law, or of a regulation or order of the Board.

4. A complaint must be in writing and be
signed and verified by the complainant.

NAC 644.465Complaint filed by Executive Director or investigator or member
of Board. (NRS
644.110)The
following provisions govern review of a complaint filed by the Executive
Director or one of the Board’s members or investigators:

1. The Executive Director shall assign the
report for investigation by a staff investigator, who shall prepare an
investigative report.

2. If a member of the Board filed the
complaint, the Executive Director shall, after receiving the investigative
report, send the investigative report to a member other than the member who filed
the complaint for a determination of whether there are sufficient facts to
warrant an administrative action.

3. If the member determines that there are
such facts, he shall notify the Executive Director to set the matter for
mediation or hearing.

4. A staff investigator may file a complaint
only if an investigative report has been prepared. The investigative report
must be submitted with the complaint. The Executive Director shall submit the
complaint to the President of the Board or other presiding officer for a
determination of whether there are sufficient facts to warrant an
administrative action.

5. If the President of the Board or other
presiding officer determines that there are sufficient facts to warrant an
administrative action, he shall notify the Executive Director to set the matter
for mediation or hearing.

NAC 644.470Complaint filed by person other than Executive Director or
investigator or member of Board. (NRS 644.110)The
following provisions govern review of a complaint filed by a person who is not
the Executive Director or one of the Board’s members or investigators:

1. Upon the receipt of a complaint filed by
a person other than the Executive Director or a member or investigator of the
Board, the Executive Director shall review the document to determine whether
the matter is proper for administrative review and whether the complaint has been
properly verified.

2. Thereafter, the Executive Director shall
assign the complaint to a staff investigator for a report on the allegations of
the complaint. The investigator shall investigate the complaint and report his
findings to the Executive Director as quickly as feasible but not later than 90
days after receipt of the complaint.

3. After receiving the investigator’s
report, the Executive Director shall transmit the complaint and report to the
President of the Board or to another member appointed to review complaints, to
determine whether there are sufficient facts to warrant an administrative
hearing.

4. If the President or other member
determines that there are sufficient facts to warrant an administrative
hearing, he shall notify the Executive Director to set the matter for mediation
or hearing.

5. If the President or other member
determines that there are not sufficient facts to warrant an administrative
hearing, the facts alleged in the complaint must be submitted to the Board for
the Board’s review at the next scheduled meeting to determine whether the Board
wishes to conduct a hearing on the matter or whether the facts, if assumed to
be true, do not constitute a ground for disciplinary action. If the assumed
facts do not constitute a ground for disciplinary action, the complaint will be
dismissed. If the Board determines that the assumed facts warrant
administrative action, the Executive Director shall set the matter for
mediation or hearing.

NAC 644.475Disqualification of member of Board from adjudication of matter. (NRS 644.110)Any
member of the Board who files a complaint, causes an investigation of or acts
as a prosecutor in a matter, or brings a matter to the attention of an
inspector, is disqualified from taking part in the adjudication of the matter.
Such a member is not disqualified from acting as a witness at the hearing of
the matter.

[Bd. of Cosmetology, No. 5.9, eff. 12-3-80]

NAC 644.480Service of complaint; answer. (NRS 644.110)A person
on whom a complaint is served may respond to the complaint by filing an answer
within 20 days after the date on which the complaint is served. A complaint
shall be deemed to have been served when a true copy of the complaint,
addressed to the person’s address of record and with postage prepaid, is
deposited with the United States Postal Service. If the person fails to answer
within the time prescribed, he shall be deemed to have admitted the allegations
of the complaint.

NAC 644.482Mediator. (NRS 644.110)If the
complainant and respondent submit their dispute for mediation, the Executive
Director or other staff person, or the President of the Board or other member
appointed to review complaints, or both of them together, may act as a
mediator.

(Added to NAC by Bd. of Cosmetology, eff. 6-18-91; A by
R092-06, 9-18-2006)

1. If a matter is set for mediation and the
mediation is not successful, the Executive Director shall set the matter for
hearing.

2. If a matter is set for hearing, the
Executive Director shall determine whether the hearing should be formal or
informal and:

(a) Prepare a complaint and notice of hearing and
serve it on each person against whom the complaint is made; or

(b) Refer the case to the Attorney General for
preparation of a complaint and notice of hearing and for service on each person
against whom the complaint is made.

3. In cases in which the Executive Director
has prepared a complaint and notice of hearing and has served it on each person
against whom the complaint is made, the Executive Director shall organize and
facilitate the presentation of witnesses and other evidence to the Board and be
an active participant in the hearings.

(Added to NAC by Bd. of Cosmetology by R092-06, eff. 9-18-2006)

NAC 644.485Petition to appear before the Board. (NRS 644.110)A person
may petition to appear and be heard on any matter before the Board, as follows:

1. The petitioner may use Form No. 3 or a
similar form, which may be obtained from the Board. The petition must contain a
brief summary of the subject matter and contain the reasons for bringing the
matter before the Board.

2. The petition must be received by the
Board at least 30 business days before the meeting at which the petitioner
wishes to be heard, but the Executive Director may waive this time requirement.

3. Upon receipt of the petition, the
Executive Director or any member of the Board may make an initial evaluation to
determine whether the subject of the petition is a proper item for mediation or
for the agenda of a formal or informal hearing and, if so, whether a special
meeting of the Board must be called for the hearing.

4. If the Executive Director or member
evaluates the petition as presenting a ground for a disciplinary action
involving a fine, the revocation or suspension of a license, or the probation
of a licensee, the petitioner must file a formal complaint, and the Executive
Director shall notify the petitioner of the requirements for making the complaint.

5. If the evaluation results in a
determination that there is no possibility for a fine, the revocation or
suspension of a license, or the probation of a licensee, and if the item is a
subject within the jurisdiction of the Board, the matter stated in the petition
will be placed on the agenda as an item of new business for discussion and
action.

NAC 644.490Notice. (NRS 644.110)Notice
of a hearing must be served at least 20 business days before the time set for
the hearing. A hearing which has previously been continued may be reset on
notice of not less than 20 business days. A notice shall be deemed to have been
served when a true copy of the notice, addressed to the person’s address of
record and with postage prepaid, is deposited with the United States Postal
Service.

1. If a party fails to appear at a hearing
scheduled by the Board and no continuance has been requested or granted, the
Board may hear testimony of witnesses who have appeared and proceed to consider
the matter and dispose of it on the basis of the evidence before it.

2. Where, because of accident, sickness or
other reasonable cause, a person fails to appear for a hearing or request a
continuance thereof, he may within a reasonable time, but not more than 15
days, apply to the Executive Director to reopen the proceedings. The Executive
Director shall include the request on the agenda for the next scheduled meeting
of the Board. Upon finding the cause sufficient and reasonable, the Board will
set a new time and place for hearing and give the person notice thereof.
Witnesses who have previously testified will not be required to appear at the
second hearing unless so directed by the Board.

NAC 644.500Preliminary procedure. (NRS 644.110)The
presiding member of the Board shall call the proceeding to order, proceed to
take the appearances, and act upon any pending motions or petitions. The
parties may then make opening statements.

[Bd. of Cosmetology, No. 8.3, eff. 12-3-80]

NAC 644.505Conduct at hearings. (NRS 644.110)All
parties to hearings, their counsel and spectators shall conduct themselves in a
respectful manner.

1. Each applicant, petitioner or complainant
may present his evidence, and then such parties as may be opposing the
application, petition or complaint may submit their proof.

2. The presiding member of the Board shall
determine the order in which any intervener may introduce his evidence.

3. Evidence will ordinarily be received from
the parties in the following order:

(a) Upon an application or petition:

(1) Applicant or petitioner.

(2) Board’s staff.

(3) Protestant.

(4) Rebuttal by applicant or petitioner.

(b) Upon a complaint other than by a member of the
Board or its staff:

(1) Complainant.

(2) Board’s staff.

(3) Respondent.

(4) Rebuttal by complainant.

(5) Rebuttal by respondent.

(c) Upon a complaint by a member of the Board or
its staff:

(1) Board’s member or staff.

(2) Respondent.

(3) Rebuttal by Board’s staff.

(4) Rebuttal by respondent.

4. The order may be modified by the Board or
its presiding member.

5. Closing statements by the parties may be
allowed by the Board or its presiding member.

[Bd. of Cosmetology, No. 8.5, eff. 12-3-80]

NAC 644.515Consolidation. (NRS 644.110)The
presiding member of the Board may consolidate two or more proceedings for one
hearing whenever it appears that the issues are substantially the same and the
interests of the parties will not be prejudiced by a consolidation.

[Bd. of Cosmetology, No. 8.6, eff. 12-3-80]

NAC 644.520Stipulations. (NRS 644.110)With the
approval of the presiding member, the parties may stipulate as to any fact at
issue, either by a written stipulation introduced in evidence as an exhibit or
by an oral statement shown upon the record. Any such stipulation is binding
upon all parties to the stipulation, and it may be treated as evidence at the
hearing. The presiding member may require evidential proof of the facts
stipulated to, notwithstanding the stipulation.

[Bd. of Cosmetology, No. 8.7, eff. 12-3-80]

NAC 644.525Official notice of Board. (NRS 644.110)In
addition to the facts mentioned in subsection 5 of NRS 233B.123, the Board may take
official notice of regulations, official reports, decisions, orders, standards
or records of the Board, of any other regulatory agency of the State of Nevada
or of any court of record.

[Bd. of Cosmetology, No. 8.9, eff. 12-3-80]

NAC 644.530Briefs. (NRS 644.110)The
Board may request briefs to be filed within a specified time. Briefs must be
accompanied by proof of service.

[Bd. of Cosmetology, No. 8.8, eff. 12-3-80]

NAC 644.535Informal hearings; agreement of licensee to formal hearing if
mediation is not successful. (NRS 644.110)

1. The Board may hold an informal hearing
to:

(a) Mediate a problem;

(b) Discuss a factual or legal question concerning
the propriety of certain conduct;

(c) Warn a licensee that certain conduct would be
in violation of the law or regulations of the Board; or

(d) Determine the appropriateness of holding a
formal hearing on any matter.

2. The Board will not engage in mediation in
any matter unless the licensee agrees in advance that, if the mediation is not
successful, the Board may hold a formal hearing on the matter and may decide
the case. By agreeing to mediation, the licensee waives any right to object to
the future participation of any Board member in the matter based on the Board
member’s prior knowledge of the matter gained through the mediation or the
Board member’s statements or actions in the mediation.

1. A proceeding stands submitted for
decision by the Board after the taking of evidence, the filing of briefs, or
the representation of such oral arguments as may have been permitted by the
Board, whichever occurs last.

2. An order or decision will be rendered
within 90 days after the completion of the hearing.

1. Within 15 days after the Board has made a
decision or issued an order, the aggrieved party may apply for a rehearing by
filing a written petition setting forth the grounds for the rehearing.

2. The Board will act upon such a petition
within 30 days after receiving it. If no action is taken by the Board within
the 30-day period, the petition shall be deemed denied.

3. The Board on its own motion may order a
rehearing of its decision if mistake, fraud or misconception of facts existed
in the forming of its original decision.

4. The filing of a petition for a rehearing
does not excuse compliance with the order or decision nor suspend its
effectiveness unless the Board, by order, allows the excuse or declares the
suspension.

[Bd. of Cosmetology, No. 10, eff. 12-3-80]

NAC 644.547Appeals. (NRS 644.110)If a
decision rendered by a hearing officer is appealed, it must be appealed in
writing to the Board within 90 days after the hearing officer enters the order.

(Added to NAC by Bd. of Cosmetology, eff. 10-16-87)

NAC 644.550Records of hearings. (NRS 644.110)Any
person desiring a copy of the record of a hearing may obtain it from the office
of the Board upon payment of an appropriate charge.

1. Except as otherwise provided in
subsection 2, upon receiving a petition for a declaratory order or an advisory
opinion, the Board will place the matter on the agenda for discussion at the
next regularly scheduled meeting of the Board.

2. If the petition is received within 30
days before the next regularly scheduled meeting, the petition may be placed on
the agenda for discussion at the next meeting after that meeting.

3. The Board will then review the matter and
either grant or deny the petition.

4. If the Board denies the petition, no
further action will be taken.

5. If the Board grants the petition, the
Board will issue its declaratory order or advisory opinion within 60 days after
granting the petition unless good cause exists for taking additional time, and
in that case, the order or opinion will be issued within 120 days. The Board
may schedule a hearing on any issue raised in the petition before issuing its
decision.

[Bd. of Cosmetology, No. 11.3, eff. 12-3-80; A 10-15-81]—(NAC
A by R099-97, 2-25-98)

NAC 644.565Draft of order or opinion by member of Board. (NRS 233B.120, 644.110)After
the Board determines that the issue should be addressed, the President or other
presiding officer shall assign one member of the Board to write the order or
opinion. The member so assigned has 30 days within which to submit to the Board
the final draft, after reviewing comments by all members of the Board on the
issue, researching the issue and seeking the assistance of the Attorney
General, if necessary. Upon completing his draft of the order or opinion, the
assigned member shall submit it to the Board for final approval.

[Bd. of Cosmetology, No. 11.4, eff. 12-3-80]

NAC 644.570Notice. (NRS 233B.120, 644.110)After
the Board renders its declaratory order or advisory opinion, the Executive
Director shall give notice of it to the petitioner.

1. A petition for the adoption, amendment or
repeal of a regulation must be in writing and be prepared substantially in
accordance with Form No. 2.*

2. The following procedure applies to such a
petition:

(a) If the petition is received within 30 days
before the next regular meeting, the petition will be placed on the agenda for
discussion to determine whether the petition should be denied or regulation-making
procedures commenced.

(b) If the petition is received by the Board during
any period in which a regular meeting is not scheduled within 30 days, the
Executive Director shall begin the procedures necessary for adoption of the
regulations. The Board may call a special meeting to deny the petition, thus
terminating those procedures.

*See adopting agency for form.

[Bd. of Cosmetology, No. 12, eff. 12-3-80; A 10-15-81]—(NAC
A by R092-06, 9-18-2006)

1. “M.B.T.U.” means a measurement of energy
output or demand in British thermal units.

2. “Mobile cosmetological establishment”
means a self-contained, self-supporting, enclosed mobile unit where one or more
persons engage in the practice of cosmetology.

(Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

NAC 644.610Application for license to operate or for transfer of ownership:
Filing. (NRS
644.110)

1. An application for a license to operate a
mobile cosmetological establishment must be filed with the Board not less than
10 days before the proposed opening date.

2. An application to transfer ownership of a
licensed mobile cosmetological establishment must be filed with the Board
within 3 days after purchase.

(Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

NAC 644.615Application for license to operate or for transfer of ownership: Contents.
(NRS
644.110, 644.340, 644.345)Each
application for a license to operate a mobile cosmetological establishment or
for the transfer of ownership of a licensed mobile cosmetological establishment
must include:

1. A detailed floor plan showing:

(a) The location of:

(1) Doors;

(2) Windows;

(3) Restrooms;

(4) Sinks;

(5) Lifts or ramps;

(6) Ventilation systems; and

(7) Equipment; and

(b) The dimensions of the establishment;

2. The owner’s proof of purchase for the
establishment and the equipment contained therein;

3. The required fee;

4. Copies of work permits or approvals from
each county and city of operation granting the owner of the establishment
permission to conduct mobile cosmetological services within that county and
city;

5. Copies of letters of compliance from the
city, county and state agencies governing applicable plumbing, electrical and
fire codes; and

6. Proof of a valid Nevada driver’s license
for the driver of the establishment.

(Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

NAC 644.620Inspection of establishment. (NRS 644.110, 644.340, 644.345)After
the floor plan and application have initially been approved, the applicant must
schedule an appointment to show the mobile cosmetological establishment to the
Board for final approval. If inspection of the establishment is denied, or if
the establishment has been closed for 12 calendar months, the application will
be denied.

(Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

NAC 644.625Delivery of license or return of application. (NRS 644.110)A license
to operate a mobile cosmetological establishment will be delivered to the owner
following inspection of the establishment if the Board’s requirements have been
met. Applications not approved will be returned to the applicant.

(Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

NAC 644.630Removal of equipment from establishment. (NRS 644.110)If
equipment is removed from a mobile cosmetological establishment, the license to
operate the establishment becomes null and void.

1. The holder of a license to operate a
mobile cosmetological establishment shall submit to the Board a monthly
itinerary showing the dates, locations, and times of service to be provided
throughout the State. The itinerary must be:

(a) Submitted to the Board at least 15 days before
the beginning of each month; and

(b) Accompanied by copies of work permits or
approvals from each county and city of operation granting the owner of the
establishment permission to conduct mobile cosmetological services within that
county and city.

2. Changes in an itinerary must be called in
to the Board’s office and affirmed in writing. The written affirmation must be
accompanied by copies of work permits or approvals from each county and city of
operation granting the owner of the establishment permission to conduct mobile
cosmetological services within that county and city.

(Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

NAC 644.640General standards for establishments. (NRS 644.110)A mobile
cosmetological establishment must comply with the following standards:

1. Exterior advertising depicting “Licensed
Cosmetological Establishment” must be on both sides of the vehicle with the
unit’s establishment number.

2. The floor, carpeting, walls, ceiling,
furniture, equipment and all contents of the establishment must be kept clean
and in good repair at all times.

3. Carpeting is permitted only within the
driving or cab area and only if approved by the appropriate city and county
agencies governing fire codes.

4. All storage cabinets must be secured by
the use of spring struts or friction catches.

5. All equipment must be securely anchored
to the establishment.

6. The interior of the establishment must be
7 to 8 feet wide, inclusive, have a ceiling height of at least 6 feet and be at
least 24 feet long, as measured from the back of the driver’s seat to the back
of the establishment.

7. One 5-pound ABC fire extinguisher must be
mounted in public view.

8. A ramp or lift must be provided for
access to the establishment if services are provided to persons with
disabilities.

9. No services may be performed while the
establishment is in motion.

10. Sleeping provisions must not be placed
or maintained in the working area of the establishment.

11. Containers in the establishment must
consist of galvanized stainless steel or other noncorrosive material not
including glass.

12. All chemicals in the establishment must
be stored in secured cabinets, separate and apart from other articles or
equipment in the establishment.

(Added to NAC by Bd. of Cosmetology, eff. 7-18-88; A by
R029-02, 7-19-2002)

1. Each cosmetological establishment must
have at least 100 gallons of self-contained water in gray and black holding
tanks with gauges indicating levels in the tanks and reserve capabilities. If
an establishment’s portable water supply is depleted, operation must cease
until the supply is replenished.

2. An establishment must have tanks which
provide hot water continually and on demand with a combined capacity of at
least 6 gallons.

1. The Board adopts the following schedule
of fines for any violation of the provisions listed:

First

Second

Third

Violation

Offense

Offense

Offense

COSMETOLOGICAL ESTABLISHMENT

Operating
an establishment without a license..............................

$1,000

$1,500

$2,000

Operating
an establishment with an expired license....................

200

500

Allowing
a licensee to work with an expired license (per person).................................................................................................

200

500

Failure
to display license in place of business..............................

200

500

Allowing
an unlicensed person to work in an establishment.......

1,000

1,500

2,000

Operating
an establishment without supervision by a licensed person......................................................................................

$200

$500

Operating
an establishment with an animal on the premises........

200

500

COSMETOLOGIST
OR OTHER LICENSED NATURAL PERSON

Practicing
with an expired license................................................

200

500

Failure
to display license at a work station..................................

200

500

Failure
to practice in a cosmetological establishment...................

500

1,000

$2,000

COSMETOLOGIST’S APPRENTICE

Failure
to display a certificate of registration in plain view.........

100

500

Failure
to wear a badge while working........................................

100

500

Working
on the public without a supervising cosmetologist present.....................................................................................

500

1,000

SUPERVISOR OF A COSMETOLOGIST’S
APPRENTICE

Allowing
an apprentice to work if his certificate of registration is not displayed in
plain view..................................................

100

500

Allowing
an apprentice to work if he is not wearing his badge...

100

500

ANY PERSON

Practicing
without a license or certificate....................................

1,000

1,500

2,000

Copying
or altering a license or certificate...................................

200

500

Using
a copied or altered license or certificate for purposes of fraud, deception,
misrepresentation or other illegal purpose...

1,000

2. A licensee who violates a provision of NAC 644.307 to 644.355,
inclusive, will be fined not more than $100 for the first violation.

3. A person who violates a provision of this
chapter or chapter 644 of NRS for
which this section does not provide a specific fine, including, without
limitation, a second or subsequent violation, may be:

[Bd. of Cosmetology, No. 14.7, eff. 12-3-80]—(NAC A by
R030-08, 9-18-2008)—(Substituted in revision for NAC 644.060)

NAC 644.711Practices constituting grounds for disciplinary action. (NRS 644.110, 644.430)For the
purposes of paragraph (k) of subsection 1 of NRS 644.430, the following
practices are grounds for disciplinary action by the Board:

2. Using a license that has been copied or
altered for the purposes of fraud, deception, misrepresentation or other
illegal purpose.

3. Using the terms “advanced” or “medical”
in connection with any description of a person’s practice in any branch of
cosmetology or otherwise holding the person out to the public as an advanced or
medical practitioner of any branch of cosmetology.